Regulations are hereby established to control the type, design, size, location and maintenance of signs in order to achieve the following:

   (a)   To promote and maintain high quality residential districts and attractive public facilities;

   (b)   To provide for appropriate signs for identifying businesses by relating the size, type and design of signs to the type, size and nature of the establishment;

   (c)   To control the design and size of all signs so that they will be harmonious with their surrounding areas;

   (d)   To provide a safe environment by eliminating any conflict between advertising or identification signs and traffic-control signs which would be hazardous to the safety of the public;

   (e)   To control temporary signs and prohibit undesirable impacts on property values and neighborhood character; and

   (f)   In business districts, to provide for appropriate signs for advertising goods or services rendered in keeping with the type of establishment involved.

(Ord. 179-02. Passed 1-2-03.)

   (a)   Signs shall be designed, erected, altered, reconstructed, repaired, moved and maintained in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.

   (b)   The construction, erection, safety and maintenance of all signs shall be in accordance with the City Building Code.

   (c)   The provisions of this chapter shall not amend the other codes, rules or regulations governing traffic signs within the City.

   (d)   In addition to the regulations set forth in this chapter, signs within Historic Review District boundaries shall also be subject to any special provisions, restrictions or criteria approved by City Council. See Section 1464.14 of this Code.

   (e)   Should sign standards not exist for a Zoning District specified in Chapter 1248 of the Codified Ordinances, then the sign standards of the Zoning District most like and similar to that Zoning District shall apply.

(Ord. 179-02. Passed 1-2-03; Ord. 180-11. Passed 11-17-11.)

   “Sign” means any display, figure, painting, drawing, placard, poster or other device visible from a public way, which is designed, intended or used to convey a message or direct attention to a building, person, institution, organization, activity, place, object or product.

         A.   Billboard means one which directs attention to a specific business, product, service, entertainment or other activity sold, offered or conducted elsewhere than upon the same lot on which the sign is located.

         B.   Bulletin board means an announcement sign which directs attention to and is located on the lot which is the subject of such sign.

         C.   Directional sign means one indicating the direction pedestrian or vehicular traffic is requested to move on that location, and does not include any business identification information.

         D.   Identification sign means one indicating the name and address of a building, development, public or semi-public facility, business, office or industrial establishment. Such signs may also include the names of tenants, telephone number, general types of goods sold, or services rendered; however, the listing of specific goods or services, brand names, prices, or sales shall not be permitted.

         E.   Information sign means one which presents miscellaneous information intended to serve the public. Typical signs present travel information, vehicle service, weather, time, historic and scenic sites, recreation facilities, and the like. An informational sign may be permitted in any district upon approval by the Planning Commission. “Open” illuminated signs may be permitted only in business districts.

         F.   Nameplate means one which indicates the name, address and/or profession of a person or persons occupying a building or unit of a building.

         G.   Handicapped parking means a sign indicating a parking area reserved for a vehicle exhibiting a state issued disabled persons parking permit or license plate. The sign shall be eye level, blue with the standard white profile of a wheelchair and occupant in the center. The sign may also include the warning statement “Unauthorized vehicles will be towed away at the owners expense.”

         H.   Directory sign means one which lists names of tenants or organizations in a building. This sign may be combined with another permitted type of sign.

         I.   Address sign means one consisting of numbers identifying a property or building unit address. A sign permit is required when the height of address numbers are proposed to be in excess of twelve inches.

         A.   Portable sign or sandwich board sign means a sign designed or constructed in such a manner that it can be moved or relocated, without involving any structural or support changes and is not physically attached to any part of the building or ground.

         B.   Project sign means one indicating the promotion, development and construction on the property on which it is located of a project where the City has approved the final development plans and could include the owner, architects, engineers, contractors and other individuals or firms involved with the construction.

         C.   Real estate sign means a ground sign calling attention to rental, sale, or lease of property where it is posted or a temporary activity taking place on the property where it is posted like a party or garage sale.

         D.   Sale signs means a window sign, such as “sale,” “special,” “clearance,” symbolic or graphic signs, such as a red heart for Valentine's Day, or identifying prices and/or items for sale.

         E.   Special event signs means one which may be in the street right-of- way, or displayed as a window sign or other locations announcing a public function.

         F.   Specific product sign means one which only indicates a specific class of products or product from a company.

         G.   Temporary directional sign means a ground sign directing vehicular or pedestrian traffic to a temporary activity taking place at another, but nearby, location such as an open house sign for the sale of real estate.

         H.   Political sign means any sign used for the purpose of endorsing, supporting, advocating or opposing any candidate for elective office or any issue which will be placed before the electorate at any general, primary, special or other election.

      (1)   Awing sign means one painted, attached, embossed or affixed to a permanent or retractable awning.

      (2)   Canopy sign means one painted, embossed, affixed or attached to the soffit or fascia of a canopy, covered entrance or under a walkway, or to a permanent awning or marquee and not projecting beyond the edges of same.

      (3)   Ground sign means one free-standing with not more than two faces which has a supporting base designed as an integral part of the sign resting on the ground.

      (4)   Pole sign means one free-standing with one or not more than two faces, which is supported wholly by a pole or poles designed to allow pedestrian or vehicular access thereunder. A pole sign may include a secondary sign with two faces which may be LED lighted and may have scrolling messages.

      (5)   Projecting sign means one erected on the outside wall of a building and projecting out at a 90° angle.

      (6)   Roof sign means one erected partly or completely on or over the roof of any building or over any portion of the building covered by roofing materials or which serves to shed rainwater.

      (7)   Wall or panel sign means one integral with the face of an exterior wall of a building or attached to the wall or parallel with the wall.

      (8)   Window sign means a permanent or temporary sign painted on or attached or affixed to the interior or exterior surface of windows or doors of a building or any interior sign within three feet of windows or doors.

      (9)   Portable or mobile signs means one which is designed to be moved with or without wheels.

      (10)   Changeable copy sign means one where the message or graphics is not permanently affixed and may be periodically replaced, or covered over.

      (1)   Panel sign means one whose information is displayed on a generally flat surface. Such panel may be either a structural object or a portion of the surface of a structure.

      (2)   Nonpanel sign means one consisting of letters or characters which are individually attached to or painted on a building wall, window, door or other structural element not designed or differentiated as a sign panel.

      (3)   Three-dimensional object sign means one which takes the form of a three dimensional object such as a sphere and also including any sign with three or more sides used as sign panels.

(Ord. 179-02. Passed 1-2-03; Ord. 199-19. Passed 10-17-19.)

   (a)   Sign face area, sign height and sign location, as regulated in this chapter, shall be measured according to the following standards.

      (1)   Measurement of sign face area. For the sign types defined in Section 1268.03(d), sign face area shall be measured as follows:

         A.   Panel signs. Area shall be measured to include the entire enclosed surface area. The area of both sides of double-sided signs shall be included in the measurement.

         B.   Nonpanel signs. Area shall be measured to include the surface area of the smallest single rectangle completely enclosing all of the letters or characters of the sign.

         C.   Three-dimensional object signs. Area shall be measured to include all surface area which forms a part of the message conveyed by a sign. Such measurement, along with necessary calculations, shall be submitted by the applicant with the application.

      (2)   Measurement of building and lot frontage.

         A.   Building frontage. The frontage of a building shall be the width of the facade which faces the principal street in a business district, the Board of Zoning Appeals may allow, as additional building frontage, the width of other facades of the building which contain the public entrances and faces the required parking areas. If a building is divided into units, the building unit frontage shall be the width of that unit, as measured from the party wall centerlines.

         B.   Lot frontage. The frontage of a lot shall be the number of lineal feet the lot abuts on the principal street.

   (b)   Sign Height. The height of signs supported from the ground shall be measured from the base of the sign at its point of attachment to the ground to its topmost element. However, if such sign is attached to a wall or other human-made base, including a graded earth mound, the sign height shall be measured from the grade of the general area.

   (c)   Sign Location. In determining the location of signs in relation to lot lines (including district and street lines), distances shall be measured from the vertical projection of the lot line (LL) or street right-of-way (ROW) to the closest point on the sign.

(Ord. 179-02. Passed 1-2-03.)

   In order to facilitate legibility of information, traffic safety, and economic vitality, signs shall be of professional quality, designed in a manner compatible with the character and style of the buildings on which they are located, adjoining buildings and neighboring signs. Signs shall be structurally sound and located so as to pose no safety hazard.

(Ord. 179-02. Passed 1-2-03; Ord. 177-13. Passed 9-19-13; Ord. 199-19. Passed 10-17-19.)

   Signs, as permitted, shall be located and sized according to the standards set forth in this section and the individual Zoning Districts.

(Ord. 179-02. Passed 1-2-03; Ord. 199-19. Passed 10-17-19.)

   The following types of signs are not permitted in any zoning district.

   (a)   Advertising signs on vehicles, such as parked trucks or trailers on private or public property visible from a public street which has attached thereto or located thereon any sign or advertising device for the basic purpose of directing attention to products, business activity, sold on the premises upon which such vehicle is located except those on commercial/passenger delivery and service vehicles provided the signs are limited to the display of the business name, address and phone number.

   (b)   Billboards as defined in Section 1268.03(a)(l)A., except any billboards erected prior to November 1, 2019 shall be permitted. Such billboards may change ownership and may be in use by subsequent owners.

   (c)   Flashing, animated or moving signs of any sort, including revolving signs except as defined in Section 1268.05(e).

   (d)   Banners, balloons, cold-air inflatables, pennants, streamers, festoons and searchlights, unless they meet the criteria set forth in 1268.09(d)(10)(E).

   (e)   Roof signs, as defined in Section 1268.03(b)(6).

   (f)   Signs on public lands including any curb, sidewalk, post, pole, hydrant, bridge, wall, tree or other surface located on public property except as may be permitted in Section 1268.06(a)(5) and Section 1268.11(c)(4).

   (g)   Traffic related devices, as defined in Section 1268.05(f).

   (h)   Changeable copy signs - with the exception of bulletin board signs permitted in public or quasi-public facilities uses.

   (i)   Signs not specifically permitted by district under Sections 1268.08 thru 1268.13.

   (j)   Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within thirty days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message.

(Ord. 179-02. Passed 1-2-03; Ord. 182-15. Passed 12-28-15; Ord. 199-19. Passed 10-17-19.)

   Signs in residential districts, erected, altered, relocated and maintained in accordance with the regulations as provided in this chapter. For community facilities uses located in residential districts, the regulations of this chapter shall apply.

   (a)   Schedule of residential signs permitted by use and structural type:

One-Family Detached         Wall/Ground         Ground      Prohibited

Dwelling

Attached & Multi-Family      Wall               Ground   Wall/Ground

Dwellings

   (b)   Schedule of Residential Signs Regulations. Signs as permitted shall conform to the number, area, height, locations and any other requirements of this chapter.

 

 

   (c)   Special Provisions.

      (1)   Identification sign illumination may be permitted as approved by the Board of Zoning Appeals.

      (2)   Room rental signs are prohibited. (Except temporary).

      (3)   Development identification signs shall be located within an easement area dedicated for that sign and such easement shall be depicted on the development plat. The homeowners association bylaws or other covenants and deed restrictions shall include provisions for maintenance of the sign.

(Ord. 179-02. Passed 1-2-03.)

   Signs in business districts shall be designed, erected, altered, relocated and maintained in accordance with the regulations as provided in this chapter. For community facilities uses located in Business Districts, the regulations of Section 1268.11 shall apply.

   (a)   Schedule of Business Signs Permitted by Use and Structural Type.

      (1)   All districts: Office buildings, local business, shopping center;

      (2)   Identification: Ground, pole, canopy, window and wall; and

      (3)   Directional: Ground, wall.

      (1)   Maximum sign area per building. Maximum permanent sign area (square feet) for all permitted signs for a building is based on "W" the frontage width (feet) of the building as follows:

         A.   Wall signs maximum square footage determined by lineal feet frontage. Each sign will be allowed the maximum of any smaller frontage.

                  0-35         W x 1.5

                  36-50         W x 1.25

                  51-75         W x 1.00

                  76+         W x .75

         B.   Ground signs maximum square footage determined by number of tenants per building.

                  1-3 tenants - 50 square feet/9 foot height limitation

                  4 or more tenants - 100 square feet/18 foot height limitation

         C.   Pole signs. These signs shall not exceed twenty-five feet high and ten feet wide, with a face of ten feet wide and eight feet high. A pole sign may include a secondary sign not to exceed seven feet wide and four feet high, with two faces, that may be LED lighted and may have scrolling images.

 

 

   (d)   Special Provisions.

      (1)   Uses (building units) above the ground floor. Signs for business or other uses (building units) above the ground floor of a building are not covered by the sign regulations of Section 1268.09(a) through (c). However, each external facing building unit above the ground floor shall be entitled to one identification wall or window sign not exceeding three square feet in area. Such wall sign shall be located on an inside wall either on the upper floor or on an entrance to the upper floor.

      (2)   Multi-unit building service entrances. Multi-unit building service entrances, may be identified by the business name and address on a permanent nameplate not exceeding two square feet in single face sign area located on or near the service entrance. The service entrance signs shall be permitted in addition to the signs listed in Section 1268.09(c). The area shall be permitted in addition to the maximum permanent sign area of Section 1268.09(b)(1).

      (3)   Gasoline and automobile service stations. Such signs shall conform to the district regulations in which they are located, except as permitted below.

         A.   All gasoline and service stations shall be permitted one free-standing permanent identification sign for and on each street the station fronts on.

         B.   Maximum sign face area, for each sign, displaying only the price of gasoline and diesel fuel is four square feet per fuel type. No more than two fuel price signs shall be permitted per street frontage. Sign face area for price signs shall be part of the identification sign requirement. No other specific goods price signs are permitted.

         C.   Permanent information signs at fuel pumps and service islands are permitted. Such signs shall be limited to the display of information regarding the type of service provided and other information essential in directing and instructing the motoring public, as approved by the Planning Commission.

      (4)   Open space uses. For purposes of this section, an open space use shall be any use permitted in a business district for which the width at the main or principal building represents twenty percent or less of the main frontage of its lot. For such uses, maximum sign face area for all permanent signs shall be determined by the frontage of the lot x 0.5. However, maximum sign face area shall not exceed 150 square feet for a lot.

      (5)   Projection sign. A projection identification my be permitted in lieu of a permitted wall or window identification sign. Projections shall not extend more than three feet from the face of a building and less than ten feet above the finished grade of a sidewalk. Maximum single sign face area shall not exceed nine square feet. The Board of Zoning Appeals my allow additional projection identification signs designed solely for pedestrian traffic and not exceeding 1.5 square feet per sign.

      (6)   Identification sign.

         A.   Wall identification signs on the frontage of a building may include up to twenty-five percent of its area listing the general type of goods sold or services rendered except in Office Districts.

         B.   Individual business identification signs in an area containing more than one building or in a multi-business unit building, where permitted, shall be limited to wall signs attached to the building or unit thereof, except as specifically permitted in subparagraph (d)(6)C. hereof.

         C.   Ground identification signs for multi-business unit buildings may include names of individual businesses when:

            1.   The height of letters in the development/building name and addresses are larger than the individual business names and occupy at least twenty percent of the sign area.

            2.   Height of letters in the names of the individual businesses are at least four inches. The style of all lettering shall be the same.

            3.   An area (provision for "lease/rental information") may be designated as a permanent part of the sign. An additional three square feet of sign area may be allowed specifically for lease/rental information.

            4.   Changes of individual business names on the sign may be permitted by the Zoning Administrator under the same conditions as the existing sign. The height, style and color of letters for the replacement business name shall be the same as those previously approved for the sign.

      (7)   Awnings signs. The name of the business may be placed in a space not exceeding eight inches in height located on the front and side portions of the awning and signage on an awning shall be considered as part of the total signage allowed.

      (8)   Multiple streets. Buildings or building units having a facade fronting on a second street are permitted signs and sign face area for that second street in addition to that otherwise permitted by regulations of this chapter. The additional sign face area shall be based on the building or unit secondary frontage, but shall not exceed thirty percent of the maximum sign face area permitted. The number of additional signs by use and structural type shall not exceed the number of signs otherwise permitted for the primary street.

      (9)   Office building and office park.

         A.   Building identification signs shall be permitted only over the main entrance of the building.

         B.   Individual tenant identification signs shall be permitted only on the ground identifying the building and address. Multiple tenant building ground identification signs, if used for tenant identification, shall be designed to incorporate the individual tenant names.

         A.   Sale signs, specific product signs and special event signs. Temporary sale signs and special event signs as defined in Section 1268.03(a)(2)C., 1268.03(a)(2)E. and 1268.03(a)(2)D., respectively, may be displayed without a permit provided the following criteria are met:

            1.   Total signs displayed do not exceed twenty-five percent of the total window area of a building elevation.

            2.   Total signs displayed for each building unit, including both temporary and permanent signs, is limited to a maximum of two signs or one sign per eight feet of lineal window frontage, whichever is greater.

            3.   A permit is required to display a sign longer than sixty days.

            4.   Any sign displayed must have the date of first display specified on the sign.

         B.   Signs displayed days and hours of operation. Each building unit shall be allowed one sign displaying days and hours of operation not exceeding 1.5 square feet to be located on the door to the main entrance or window area adjacent to the main entrance.

         C.   Business address. Each building shall be allowed to display its numerical mailing address not exceeding 1.5 square feet to be displayed in one location on either the door to the main entrance or secured to the wall or window above the main entrance.

         D.   Each building unit shall be allowed to display an "open" or "closed" sign not exceeding 2.0 square feet in the window area.

         E.   Banners, balloons, cold-air inflatables, pennants, streamers, festoons and searchlights. Each building is permitted to display these signs, provided the Safety-Service Director or his/her designee finds that the sign type meets the following criteria:

            1.   The sign type is for a special event;

            2.   The special event is for a limited time;

            3.   The special event is for a limited frequency; and

            4.   The sign type, if allowed for a limited time and frequency, will meet the following purposes, to wit:

               a.   The signs will not conceal or obstruct adjacent land uses or signs;

               b.   The signs will not conflict with the principal permitted use of the site or adjoining sites;

               c.   The signs will not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians; and

               d.   The signs will be installed and maintained in a safe manner. Consistent with the general standards as defined in this chapter, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The Safety-Service Director or his/her designee shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the BZA pursuant to Chapter 1244.

      (11)   Directory multi-tenant signs may be permitted in addition to other signage within the total allowable signage area for the development. The size and location shall be approved by the Board of Zoning Appeals.

         A.   Not exceed the largest signage area otherwise permitted in business districts;

         B.   Not exceed five feet in height as measured from the ground; and

         C.   Be located on the premises relative to similar signs otherwise permitted in business districts.

(Ord. 179-02. Passed 1-2-03; Ord. 177-13. Passed 9-19-13; Ord. 182-15. Passed 12-28-15; Ord. 199-19. Passed 10-17-19.)

   Signs in office laboratory and manufacturing distribution districts shall be designed, erected, altered, moved and maintained in accordance with the provisions as contained in this chapter.

   (a)   Schedule of Industrial Signs Permitted by Use and Structural Type.

      (1)   Districts: M-1 , M-2;

      (2)   Identification: Ground, pole, wall, canopy; and

      (3)   Directional: Ground, wall.

   (b)   Measurement Standards for Maximum Sign Area. The maximum (total) area of all permanent signs permitted for each building or building unit shall be related to the building and building unit width and shall be determined according to the measurement standards of Section 1268.04 and the formulas below.

      (1)   Maximum sign area per building. Maximum sign area in square feet for all permitted signs for a building is based on "W" the frontage width in feet of the building as follows:

   "W" x 1

      (2)   Maximum building or building unit exterior sign area. The maximum permanent sign face area (square feet) allowed on the exterior frontage of the building or the frontage (entrance) for each building unit shall be determined by the formula:

   Building or building unit (frontage entrance) width x 0.5

   (c)   Schedule of M-1 and M-2 Sign Regulation. Signs as permitted shall conform to the number, area, height, location and any other requirements of this chapter:

 

   (d)   Special Provision.

      (1)   Industrial park or multi-building developments. In addition to the signs permitted in this section, one ground identification sign may be permitted for an industrial park planned development or unified multi-building development of three or more industrial buildings serviced by an interior industrial street. This sign shall only identify the name and address of the industrial park or multi-building development. Maximum single face area shall not exceed forty square feet and maximum height shall be six feet. This sign shall be located at the vehicular entrance to the industrial park or multi-building development and shall be set back a minimum of twenty-five feet from the right-of-way and side lot line.

      (2)   Multi-unit building service entrances. Multi-unit building service entrances may be identified by the business name and address on a permanent nameplate not exceeding two square feet in single sign face area located on or near the service entrance. The service entrance signs and area shall be permitted in addition to the area and signs listed in Section 1268.10(b) and 1268.10(c) respectively.

      (3)   Multi-tenant ground identification signs for multi-business unit buildings. Ground identification signs for multi-unit buildings may include names of individual businesses when:

         A.   The height of letters in the development/building name and addresses are larger than the individual business names and occupy at least twenty percent of the sign area.

         B.   Height of letters in the names of the individual businesses are at least five inches. The style of all lettering shall be the same.

         C.   An area (provision for "lease/rental information") may be designated as a permanent part of the sign. An additional four square feet of sign area may be allowed specifically for lease/rental information.

         D.   Changes of individual business names on the sign may be permitted by the Zoning Administrator under the same conditions as the existing sign. The height, style and color of letters for the replacement business name shall be the same as those previously approved for the sign.

(Ord. 179-02. Passed 1-2-03; Ord. 199-19. Passed 10-17-19.)

   Signs in MPD medical park districts shall be erected, altered, relocated and maintained in accordance with the regulations as provided in this chapter.

 

 

 

 

 

(Ord. 159-11. Passed 9-1-11; Ord. 199-19. Passed 10-17-19.)

   Signs permitted in all districts shall be designed, erected, altered, relocated and maintained in accordance with the regulations as provided in this chapter and as outlined below:

   (a)   Schedule of Temporary Signs Permitted by Structural Type by District.

         Residential          Ground          Window

         Business          Ground          Pole       Window

         Manufacturing       Ground         Pole

   (b)   Schedule of Regulations for Temporary Signs. Temporary signs as permitted by use and structural type shall conform to the requirements of this chapter.

 

      (4)   Sale product signs. See Sections 1268.07, 1268.14 and the particular zoning district for specific regulations.

      (5)   Special event. Any use or structural type not otherwise prohibited by this chapter. Grand opening signs shall be permitted on a one-time basis for a period not to exceed fifteen consecutive days. The size and location of the sign shall be as approved by the Zoning Administrator.

   (c)   Special Provisions.

      (l)   All temporary signs with the exception of residential real estate signs shall be located a minimum of 100 feet from a residential lot line.

      (2)   No temporary signs shall be illuminated.

      (3)   Temporary directional signs may be located in the City right-of-way on the day of the activity to which traffic is directed for the period of one hour before the activity until one hour after the activity and on no more than three days in any two week period.

      (4)   Separate temporary real estate ground signs in business districts pertaining to leasing or rental information of individual units in a multi-business unit building are prohibited on lots or locations that include similar information on approved ground identification signs pursuant to Section 1268.03(d)(11).

   (d)   Information Signs. Information signs shall be of any structural type not otherwise prohibited, meet the following requirements and be approved by the Planning Commission.

      (1)   Not exceed fifty percent of the largest signage area otherwise permitted in that district and five feet in height.

      (2)   Be located on the premises relative to similar signs otherwise permitted in that district.

      (1)   Folding portable signs shall be permitted if such signs are anchored so as to prevent accidental collapse.

      (2)   Such signs shall be allowed in sidewalk areas outside of a business provided a five-foot clear zone is maintained for pedestrian circulation. In the event that the sidewalk area does not allow for a five-foot clear zone area, and the business is not located on Main Street, then portable signs may be placed in the right-of-way or tree lawn area.

      (3)   Such signs shall be removed during non-business hours, or a minimum of eight hours per day.

      (4)   Signs shall be maintained in good repair.

      (5)   The use of unprotected cardboard or paper products are prohibited.

      (6)   Such signs shall be at least ten feet from any intersection.

      (7)   Signs shall not mimic any traffic control device.

      (8)   Signs shall not be illuminated in any manner.

      (9)   Signs shall not exceed five feet high and three feet wide.

      (10)   Signs shall be a maximum of four colors.

(Ord. 179-02. Passed 1-2-03; Ord. 199-19. Passed 10-19-19.)

   Application for permits to erect, place, paint, relocate or alter a sign shall be made to the Zoning Administrator by the owner, lessee, developer of the property or his authorized representative for the sign. The application shall be submitted on forms furnished by the City and may be made either separately or with the application for a permit for a building. The fee shall be established by separate ordinance and paid with the application. If any work is commenced prior to the issuance of a permit and the payment of the appropriate fees, the regular fees applicable to the permit in question shall be tripled.

   (a)   Permit Required. A permit shall be required for all permanent and temporary signs with the exception of those signs listed in subsection (b) hereof, Section 1268.16 and Section 1268.09(d)(11) and expressly permitted in the codified ordinances.

   (b)   Permit Not Required. A permit is not required for any temporary sign listed below, provided that the sign is located on the lot relating to the sign. However, all such signs shall be subject to the applicable regulations contained in this chapter.

      (1)   One residential, commercial and industrial real estate sign per lot not exceeding five square feet in area and located at least two feet behind the right-of-way.

      (2)   Garage sale or other similar signs of a personal nature in a residential district not exceeding three square feet and displayed no longer than three days.

      (3)   Not more than one ground political sign for every forty feet of lot width, or fraction thereof, each sign not exceeding sixteen square feet per side, may be erected on any property, with the owner's permission, and be located at least two feet behind the right-of-way line. The sign(s) shall be securely placed in order to prevent being displaced by weather conditions. The following additional regulations shall apply to all political signs:

         A.   The sign shall not be posted in the public right-of-way, tree lawns located within the public rights-of-way or any property owned or leased by the City, the state, the United States of America or any other public entity without the consent of such governmental entity.

         B.   No sign shall be erected on a vacant lot or on a lot with an unoccupied building.

         C.   The political signs shall not be illuminated.

         D.   Political signs placed on private property that do not meet the regulations contained in this chapter shall cause the Zoning Administrator to notify, in writing or by telephone, the property owner, candidate or authorized agent thereof, to alter or remove such non-conforming signs within forty-eight hours following the initial contact. Any political signs remaining in non-compliance shall be removed by the Building Department, Police Department and/or Service Department and stored at the Service Department complex for a minimum of seventy-two hours and shall thereafter be destroyed.

         E.   Political signs placed in the public right-of-way, tree lawns located within the public rights-of-way or any property owned or leased by the City, the state, the United States of America or any other public entity without the consent of such governmental entity shall be removed by the Building Department, Police Department and/or Service Department and stored at the Service Department complex for a minimum of seventy-two hours and shall thereafter be destroyed.

   (c)   Contents of Applications. Each application shall present the information required below through use of photographs and drawings at a scale which clearly shows details and design of the sign.

      (1)   The design and colored layout of each sign proposed, including the total area of all signs and the area, height, character, materials, colors and type of lettering or other symbols or individual signs. Material samples may be requested.

      (2)   Photographs or drawings of the building for which the signs are proposed.

      (3)   The number and types of lamps and lens material to be used in any illuminated signs and data showing that the illumination meets the standards established in Section 1268.05(f) including rays to illuminating areas.

      (4)   A dimensional site plan and building elevation showing the exact location of each sign in relation to the building and property lines. Also included shall be the dimensions of the width of the building or building unit face or faces and the lot or lots not occupied by buildings, al1 used for calculation purposes.

      (5)   Details and specifications for construction, erection and attachment as may be required by the Building Code including the name of the sign contractor or company.

   (d)   Application Review. The Zoning Administrator shall forward the application and drawings to the Planning Commission for review of:

      (1)   Conformance with the requirements of this chapter.

      (2)   Appropriateness of size, scale, shape, color and illumination in relation to building size.

      (3)   Location and relationship to signs currently existing.

      (4)   Conflicting applications for the same development area shall be resolved by the Planning Commission. Permanent signs shall take precedence over temporary signs.

         A.   Temporary real estate signs advertising leased space shall be displayed no sooner than sixty days prior to a known vacancy and must be removed immediately when all vacancies are filled.

         B.   Real estate signs requiring permits and project temporary signs shall be issued for a period of 365 days and are renewable on re-application to the Building Department for an additional 365-day period. Additional renewals must be approved by the Planning Commission.

         C.   Special event and directional temporary signs shall have time limits and locations specified by the Safety-Service Director.

         A.   Municipal or governmental signs.

         B.   Special event signs.

(Ord. 179-02. Passed 1-2-03.)

   All signs and sign structures requiring permits shall be maintained in a safe and attractive condition. Signs and their supporting structures shall be repaired and painted as often as necessary to prevent rusting, peeling paint and undue fading. Signs which no longer serve the purpose for which they were intended, or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the City shall be removed by the last permit holder or by the City at the expense of such permit holder or property owner.

   (a)   Every sign except window and door, or other advertising structure hereafter erected shall be a permanent identification tag located in a conspicuous place thereon, in letters not less than one inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.

   (b)   Whenever the removal or maintenance of any permanent sign has been ordered by the Zoning Administrator, the person, firm or corporation who erected such sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain the sign within forty-eight hours after receiving such notice. In the event of noncompliance, the Administrator may remove or cause to be removed or maintained such sign at the expense of the person, firm or corporation who erected such sign, or on whose premises it was erected, affixed or attached; each such person, firm or corporation shall be individually and separately liable for the expenses incurred in the removal of such sign. Temporary signs in residential districts shall be removed within twenty-four hours after removal order is received from the Zoning Administrator.

   (c)   Removal of a sign shall include the sign, enclosing frame, all sign supporting members and base, unless the enclosing frame and supporting members are a structural part of the building.

(Ord. 179-02. Passed 1-2-03.)

   (a)   A sign conforming as to the regulations prevailing on January 2, 2003, but which does not conform with the regulations of this or a subsequent amendment, shall be construed as a legal nonconforming sign. The Safety-Service Director or his/her designee shall keep a list of such non-conforming signs and shall notify the owners of the status of non-conformity.

   (b)   Normal or ordinary repairs and improvements may be made but shall not require a permit from the Safety-Service Director or his/her designee. For the purpose of this Zoning Code, normal repairs shall include ordinary maintenance of the sign or structure including painting and replacement of basic equipment such as substitution of lights or minor wiring. The term shall not include the replacement of structural parts in any nonconforming sign except when required by law to make the sign conforming.

(Ord. 179-02. Passed 1-2-03; Ord. 182-15. Passed 12-28-15; Ord. 122-17. Passed 4-20-17.)

   (a)   Any sign accessory to abandoned use shall be removed within thirty days of notification by certified mail by the Building/Zoning Department for removal of that sign. A use shall be determined abandoned if it has ceased operation for at least 365 consecutive days. This period may be extended not more than two times for 180 days each. In no circumstances shall the total period extend beyond 730 days from the original date of abandonment.

   (b)   Notification shall be deemed sufficient if mailed to the last known address of the owner of the sign and to the address, as shown on the records of the Madison County Recorder, of the owner of the property where the sign is located.

(Ord. 179-02. Passed 1-2-03; Ord. 122-17. Passed 4-20-17.)

   The following signage shall be exempt from these sign regulations:

   (a)   Cornerstones and permanent building plaques, displaying the date of construction, building name or similar information.

   (b)   Display of official public notices, the flag and emblem or insignia of an official governmental body.

   (c)   Holiday decorations displayed for customary periods of time.

   (d)   Painted wall murals or other similar artwork if approved by the Board of Zoning Appeals or Historic Review Board.

   (e)   Signage which is not advertising and is an integral part of the original construction of vending machines, fuel pumps, or similar devices.

   (f)   Street name signs.

   (g)   Special signage determined by the Planning Commission to be reasonable considering the intent and regulations of this chapter.

(Ord. 179-02. Passed 1-2-03.)

   If any section, subsection, division, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(Ord. 179-02. Passed 1-2-03.)